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TRIBBLE v. BRUIN

No. 8046.

279 F.2d 424 (1960)

G. P. TRIBBLE, Allen Harper and One 1953 White Tractor bearing 1954 Georgia License Plate A/H4892, Appellants, v. Nancy BRUIN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 30, 1960.

Attorney(s) appearing for the Case

Joseph R. Young, Charleston, S. C. (Hagood, Rivers & Young, Charleston, S. C., on brief), for appellants.

W. Brantley Harvey, Beaufort, S. C. (Harvey & Harvey, Beaufort, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAMLEY, Circuit Judges.

SOBELOFF, Chief Judge.

This appeal raises a procedural problem relating to the power of the District Court to act upon a motion for a new trial after this court issued its mandate in an earlier appeal.

The background of this protracted litigation may be briefly summarized. On the night of July 1, 1954, plaintiff, Nancy Bruin, was injured by a tractor-trailer while crossing a street intersection in Bluffton, South Carolina. She subsequently sued the owner of...

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